In what circumstances will a judgment in a false arrest action be reversed?

California, United States of America


The following excerpt is from Mixon v. Riverview Hospital, 254 Cal.App.2d 364, 62 Cal.Rptr. 379 (Cal. App. 1967):

In Oldham v. Aetna Ins. Co., supra, 17 Cal.App.2d 144, 61 P.2d 53, a verdict against two defendants was returned for compensatory damages in a different amount as to each defendant in an action for false arrest. The judgment entered against the defendants separately for the separate amounts mentioned in the verdict was reversed.

Also, in McCool v. Mahoney, supra, 54 Cal. 491, 493, a malicious prosecution action, in which the verdict awarded a different amount against each of two defendants, a reversal resulted.

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